Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-08
MINERAL LANDS.
THE GOVERNMENT ENLEAyORS TO
RECOVER POSSESSION.
in Sierra, Placer, Ell Dorado
and Nevada Counties.


and lumber dealers, of Placer county, the
Central Pacific Railroad Company and
others. Towle Brothers is well-known
firm that has been doing business in Placer
county lat Dutch Flat and Alta for more
than quarter of century.
The issue involved is one in which all
occupants Of railroad grant lands in the
mineral district of the Sierras in Placer, Ell
Dorado, Sierra and Nevada counties are
cover title to $40 acres of land in Placer
county, which was purchased in April,
1873, by Towle Brothers from the Central
Pacific Company. The latter possessed the
land by virtue of patent issued on the
original grant by the Government in Octo-
Der, 1867. Now it is set up that the patent
was issued through fraud, inadvertance
and error" and that the land was known
to be mineral land at the time the patent
was issued. The railroad grant excepted
from the transfer from Government to
company all mineral lands known to exist
at the time of the issuance of the patent.
The land mentioned is about five miles
northeast of Dutch Flat between the Bear
and American rivers. 1t is described as
section 7, township l6 north, range II east,
Mount Diablo meridian. Some prospectors
claim that recently gold bearing ledge
was found by them on portion of the sec
tion. They brought the matter to the at
tention of the Government. and several
months ago Attorney-General Garland
caused the action to be begun. The de-
Tense will be that the land was not known
to be mineral land at the time of the issu-
ance of the patent and that the subsequent
discovery of mineral cannot affect the title
Many witnesses are present from all por-
tons OF the State, subpenaed on both
sides to testify to the character of the land
prior to twenty years ago. The Govern
ment has secured the attendance of num-
Der of old miners who lived in Placer in
those early days, who, it is understood,
will testify to having mined on the sec
ton IN dispute. On the other hand, de-
PENDANTS have subpenaed miners who
swear that no gold was ever heard of in
the locality until quite recently. The
number of witnesses on both sides is quite
large and hail from Siskiyou to San Diego.
The railroad company has now no interest
IN the land. but it has in the case because
of the precedent involved. United States
District Attorney Carey appears for the
Government, and ex-senator A A Sar-
geant, j. d. Redding and William Singer
for the defendants. 1t is expectd the trial
will be protracted one, and that the case
will ultimately go to the United States Su-
preme Court for final decision
The first witness for the defense was NJ.
f. Skehan, resident of Nevada county. He
was well acquainted with section township
10 north, range IL east, Mount Diablo base
and meridian. First became acquainted
with the ground in question in October,
1858. Was at that time following the bust
ness OF miner, and engaged in that occu-
patton on Lowell HILL The Lowell Hill
Placer mine is in section I. In 1859. wit
ness and his partner, William Furlong,
located 2.400 feet of ground along Steep
Hollow creek, on what is known as John
Davis canyon. Witness described the
boundaries of the mine, which he did with
great particularly. The first mining they
did was in the two ravines that flow into
Steep Hollow creek, in 1858. Mined with
pick, shovel, wheelbarrow and pan.
Worked there week or two more or less
We then sank shaft in gravel, and got a
good prospect. We then prospected near
the Shanghai tunnel, and got
good prospect there. These two other
miners located a mine adjoining, taking up
1000 feet. Our mine was called the
Shanghai; theirs the Galena claim. The
owners and locators of the latter were
Pierce Shotwell, Michael Shotwell and
others. No man in those days had title to
the land nor for eighteen years afterwards.
This land now in dispute is all in section
Z. Our location was made in July, 1859.
W. worked five or six weeks more or less
My partner got sick. l bought him out
and he went home. The GaIena COMPANY
did some work; don't know how much
Pierce Shotwell bought the interests of his
partners and he and l consolidated our
ground under the name of Galena mine,
we then commenced running tail race
TO wash our mine. In cutting the race we
had to blast out a number of powders We
could not put up hydraulic rig at that time.
We struck pipe clay and had to quit. We
then cut tlmbers to run tunnel to reach
the uline. Pierce Shotwell then bought
an interest in the Enterprise mine | did
nothing with the mine Shotwell sold his
interest in the Galena to Michael Murphy
April 8, 1860.
Recess until p. N.
At the afternoon session General Carey
Withdrew Mr. Skehan, and placed upon the
witness stand Seldom Hetzel, Register of
the United States Land Office at Sacra-
mento. Said the land in question was in
his district. From a record in his office
appeared patent for section :, which was
issued to the railroad company October 2
1867.
Mr.. Sargent said the patents came direct
from Washington to the railroad company.
and not through the local land office He
objected to the testimony, saying the record
was the best evidence and should be pro-
duced.
General Carey asked witness if he had
a transcript of the entries made in his
office pertaining to those entries of mineral
applications.
Witness produced the asked for docu-
ment.
Mr.. Sargent took the document and after
examining it briefly said l see no dates or
anything else that attaches value to this
document. l object to it as not being the
best evidence, and will argue it before the
Court.
General Carey-Are any documents noted
that are not in the office-documents that
the records call for and which cannot be
found?
Mr.. Hetzel-Yes, there is a pencil entry
NJ. r., 2l7, referring to mineral record,
which | would style mineral affidavit. !
have never seen and cannot find it. find
the preceding and subsequent numbers,
but 217 is not in existence, so far as nv
office is concerned. Nos PIG and 21S are
atfidayits executed by applicants, and filed.
alleging that the lands are mineral and not
agricultural.
Mr. Sargent interposed the same ohiec-
ton. The documents should be produced.
lucy are tHe pest evidence. We want the
dates.
Mr. Hetzel-No. 21S was filed in Noyem-
Der, 1889. did not look to see the date of
No. 216.
General Carey-What is the date of the
earliest mineral application.
Mr.. Hetzel-November IL, 1873.
General Carey-For what purpose were
the filings Nos. 2l6 and 2ls made?
Mr.. Hetzel-They are not mining appli-
cations. They are not entries that consti-
tute reservation for mineral. Their value
am not able to determine. They do not
AFFECT the right to presumption. 1t does
not give right for mineral filings. There
has not been any similar filings made for
10 or Is years. Don't know by whom or
by what means No. 217 was misplaced.
There are no entries showing that it was
forwarded to the department at Washing
ton. Ii was included in packages sent
from the Marysyille office to Sacramento
when the Office was opened in the latter
place, IN October, 1867. When took them
down when asked for by this Court they
were covered with the dust Of many years
accumulation. Witness then described the
entries in the mineral tract book He was
satisfied that there had been some error in
the keeping of the books. The Swamp
Angel mine was patented November 10 !
1878, but there was no entry in black ink |